Mohd. Ismail vs The State Of Telangana And 5 Others
2021 Latest Caselaw 4639 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                                 AND
               THE HON'BLE SRI JUSTICE N. TUKARAMJI

                                   W.A.No.671 of 2021

JUDGMENT:          (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



        The present writ appeal is arising out of the order dated

06.12.2021 passed by the learned Single Judge in W.P.No.29274 of

2021.

        The facts of the case reveal that the writ petition was

preferred     by      the      appellant          before        this      Court   stating   that

respondent No.6 was going ahead with illegal construction and no

action had been initiated by the authorities of the GHMC. A

counter affidavit was filed by the GHMC and it was stated that they

had issued notice to respondent No.6 and a case had also been

registered i.e., U.C.No.2657 (U.C.No.4657 as informed in open

Court) and they were going to take appropriate action in

accordance with law. The learned Single Judge has passed the

following order:-

"5. Learned Standing Counsel for GHMC filed counter and contended that during inspection, the NAC Engineer of the respondents authorities identified the illegal and unauthorized construction raised by respondent No.6 in the subject premises and a case vide U.C.No.2657 was registered against him and further action will be taken in accordance with law.

6. Since the respondents authorities have already initiated action against the illegal and unauthorized construction raised by respondent No.6 in the subject premises, no further orders are required to be passed in this writ petition. It is needless to state that the respondents authorities are at liberty to take action against the respondent No.6 in accordance with law.

7. With the above observation, this Writ Petition is disposed of.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs."

In the considered opinion of this Court, as action was

already initiated against respondent No.6, the learned Single Judge

has rightly disposed of the writ petition directing the respondents

authorities to take further action in accordance with law. This

Court does not find any reason to interfere with the order passed

by the learned Single Judge.

Resultantly, the writ appeal is dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 28.12.2021 JSU